Neeraj Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31800 of 2024 Arising Out of PS. Case No.-434 Year-2023 Thana- CHAKAND District- Gaya ====================================================== Neeraj Yadav Son Of Sahi Yadav @ Rajesh Yadav Resident Of Village- Bitho Kandi (KANDI) (BITHOSHARIF ), Ps- Chakand (CHANDAUTI) DistGaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Aryan Singh, Advocate For the Opposite Party/s :
Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Chakand P.S. Case No. 434 of 2023 registered for the offences punishable u/ss 147, 148, 149, 341, 323, 307, 353, 337, 338, 379, 427, 504, 506 and 413 of the Indian Penal Code and Sections 21 M.M. (D&R) and Section 56 BM (CRIMTS).
3. As per the prosecution case, during patrolling, an information was received that illegal sand mining was going on and accused persons were loading sand illegally on three tractors. When the police personnel reached there, they found that three tractors were loaded with sand. On seeing the police,
Patna High Court CR. MISC. No.31800 of 2024(2) dt.06-05-2024 2/3 drivers of the said tractors succeeded in fleeing away. Thereafter, police recovered all the tractors and were trying to made drivers available for the tractors to be driven to the police station. In the meantime, large number of villagers attacked the police personnel with bricks and stones and damaged their vehicles. Due to which police personnel sustained injuries and the miscreants succeeded in taking away all the three tractors from the police custody.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. There is general and omnibus allegation against the petitioner who is member of the mob. Local chowkidar disclosed the name of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 10.01.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of
Patna High Court CR. MISC. No.31800 of 2024(2) dt.06-05-2024 3/3 the like amount each to the satisfaction of learned Court concerned, Gaya in connection with Chakand P.S. Case No. 434 of 2023.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T